Amazon in Germany should negotiate with workers’ trade union and accept European labour relations culture

Amazon’s long-lasting labour conflict in Germany raises issues far beyond wages and working conditions. Amazon needs to accept to negotiate with ver.di and to respect European and German working life culture.

The American e-commerce giant refuses to negotiate a collective agreement with ver.di which is the Amazon workers’ trade union, a leading member of Germany’s powerful trade union confederation DGB. According to the union, they make extensive use of time limited employment contracts also when there is no reason for it, and when workers stay quite permanently in their positions. Many wages and other benefits remain below general collective agreement levels even if the workers’ action has already forced management to make some concessions.

Strikes are usually about much more than wages only. For workers to go on strike is a difficult decision and today’s trade unions both know and respect this. The unions know very well that a protracted conflict leads to serious income losses that require a long time to recover, however ‘good’ the result. Here, the workers and their union stand up in defence of German and European social dialogue and collective agreement cultures.

This is not the first time that a U.S. based company wants to play its own game in Europe instead of respecting the rules. Toys”R”Us tried it a few decades ago until it was driven out of Sweden. Wal-Mart got it wrong in Germany, suffered for a few years, and pulled back.

Amazon needs to accept that their German workforce is well organised.  They must be prepared to negotiate a collective agreement in good faith, fully respecting International Labour Conventions. In the longer run they will not be able to import an authoritarian human resource management in a culture and environment where social dialogue is widely supported. Many leading German politicians have joined in calling on the company to start negotiating with ver.di and putting an end to this conflict.

This is an example of a large employer forcing a labour conflict by its own behaviour. If the workers and their union would accept management’s refusal to enter into social dialogue and collective agreement negotiations the entire labour relations system could come under pressure.

Not only trade unions should be concerned. Competing employers who approach their workers and their trade unions responsibly have an equal interest to defend themselves. This is shared by society as a whole, particularly in times when social unrest and political instability are increasing also in Europe.

It is no wonder that behaviour like this easily drives polarisation and aggressiveness instead of promoting social dialogue and even cooperation. This will not help Europe to get out of the crisis.

Shop opening hours affect workers and societies – should not be left to market forces to decide

Hypermarket at night in Seoul South Korea

Trading hours don’t affect only shop workers but also society at large. Excessive shop opening hours will force many others to work on Sundays and holidays or late at night. And do we really want all days to be the same, from Monday to Sunday, 365 days a year? More complex than we sometimes reflect on, opening hours cannot be left to market forces alone.

Once again, many shop workers worked on New Year’s Day. Of course, they were not the only ones. There were many others who spent the first day of 2015 at work instead of being with family and friends.

Societies have to function also on important holidays, and many services are needed. Some are clearly essential, others can be discussed. Retail shops provide important services for sure, but is it necessary that they do this 365 days a year, 7 days a week and 24 hours a day?

Trading hours is one of the issues that both business and trade unions, and society at large, need to look carefully at. Accepting that there are different values, traditions, cultures and also interests, we should do this with an open mind.

Retailing is an industry where substantial changes can happen fast. Today, much is about e-commerce. Web-sales continue to gain ground while jobs are lost in traditional commerce.

From the start, e-commerce has been used as an argument for trading hours liberalisation. High street shops and supermarkets cannot compete if they must follow shop opening rules. Trading hours restrictions have outlived themselves. The market and finally the consumers will decide. Limited hours drive customers from shops to the web, the proponents for removing shop opening rules say.

If stores really would be closed when consumers have time to shop this argumentation could make some sense. Many decades ago we could saw them close at 17 or so from Monday to Friday and 14 or 15 or even noon-time on Saturdays. There were serious calls by some unions for closing completely on Saturdays as well, to allow for a five day working week with the weekend free.

Even in the most regulated of environments today’s opening hours give plenty of time for shopping even for those with long working hours.

I cannot see that a regulated shop opening would be the major issue that drives consumers from high streets and supermarkets to the web. Other factors will surely be more important, such as price and assortment.

Some goods and services are just easier to select on the web than in a store. Bookstores and computer shops, home electronics outlets and traditional department stores face serious problems. Supermarket retailing on the internet continues to grow. Music and movies have already moved to electronic sites.

This will go on and traditional retailers will change, or suffer until it may be too late.

Over the years we got used to seeing commerce as a growth sector. It was a major entry road to employment and gave opportunities also for those whose formal education was not all that strong. Today we see shops being closed and staff being cut even where we did not think it would ever happen.

This can not be stopped or slowed down by letting market forces steer shop opening in an unregulated environment. Instead, we could see new problems emerge, for many, and for all of us.

Regulating trading hours is genuinely important for shop workers and others whose jobs are affected. Retailing is a low-wage industry where women form the big majority of the workforce. The negative social effects of excessive opening hours should not be ignored.

Eating from the fridge easily takes over from the Sunday dinner table. Doing and experiencing things as a family is more difficult and the role of parents and homes is undermined whilst everyone agrees that it should be strengthened. Day care centers are closed when they would be needed. To get home from work is difficult if public transport has ended for the day. Late night security risks abound.

The list could be much longer.

Inequalities have reached a level where even the World Economic Forum sees it as the biggest threat to our societies. The divide between those who have and those who don’t is deep and growing. Mass migration creates a third class in many societies. Unemployment is high and soaring.

Xenophobia and racism are on the rise. Young people who have lost hope revolt, and worse.

As this happens, business is taking the place of voters as the source of power. And, what does this have to do with shop opening hours?

The question is whose interests and which values drive the development of societies? Can economic interests be reconciled even better with cultural and social values?

Do we really want to give up our rhythm of life, for a new reality where everything is up and running 365 days a year and 7 days a week, possibly also 24 hours a day? From Monday to Sunday all days would be the same. If retailing goes this way, lots of other functions will have to follow a d extend their operating times. This would affect both the private and the public sectors – and workers.

What about employment then?

It is hard to see how this would promote job creation as retailing depends on the purchasing power of consumers and extending trading hours would hardly bring much added value. What may happen is that small shops, which in many countries already benefit from opening hours exceptions, would be pushed out even faster by larger operators.

There are seldom simple solutions to complex problems. Here we are dealing with a very complicated issue. Removing all regulations could have more negative consequences than positive effects. Changes and adjustments should of course be made when useful and necessary. The tricky thing is then to adapt to realities without losing human and cultural values.

Maybe the European social partners for commerce – UNI-Europa Commerce and EuroCommerce – should do a study on trading hours, accepting that they would be likely to draw conflicting conclusions from the material. At least the issues would be jointly defined, the first step to enable a dialogue.


Bosnian impressions of great solidarity as Norwegian Peoples Aid celebrates its 75th Anniversary

Norwegian Peoples Aid – Norsk Folkehjelp – celebrates its 75th Anniversary today. This is an impressive organisation, engaged in an extraordinary way in promoting human rights and social and economic well-being in countries that are particularly in need of global solidarity. In many ways it is very Norwegian, reflecting the deep sense of justice and solidarity so prevalent in its home country.

I say all of this because over the years, as responsible for UNI Commerce Global Union, worked so closely with our Norwegian friends, Norwegian Peoples Aid and others. This was in Bosnia and Herzegovina, where we helped to rebuild civil society after the devastating war in the 1990s, and did our best to support the reconciliation process between people in the different parts of this badly torn country.

DSC00055

Mostar in Bosnia and Herzegovina suffered heavily from the war. Land mines were still all over the place when we came there for the fist time in January 1997, and relations between population groups, separated by the river, were tense. Norsk Folkehjelp did a lot for bringing back a sense of normalcy in the life of this historical town, also together with Norway’s commerce and office workers’ trade union HK.

Our work went far beyond that of an ordinary project, thanks above all to Norway’s commerce and office workers’ trade union Handel og Kontor – HKiN.

The project description will be a separate story, or rather many stories. It ranged from building up viable trade unions which are doing a remarkable job today, to bringing kids from divided Mostar to play football – soccer – in the world’s largest tournament, in Oslo. To do this in the middle of a major and bitter Norwegian airline strike, where both the pilots and the company agreed to fly in the teams for free, is something that will always stay with me as a superb expression of solidarity and responsibility.

I really don’t wonder why my friend Suleiman Hrle, at the time trade union confederation president in Sarajevo, said that they should raise a statue of HK President Sure Arntzen. This was when my friend Sture had convinced Norway’s Prime Minister Thorbjörn Jagland about the need to help the country’s workers to rebuild their union house, Dom Sindikata. It had received over 100 artillery hits during the siege of the Bosnian capital.

Sture Arntzen speaks in Sarajevo

Sture Arntzen, President of Norway’s commerce and office workers’ trade union HK, speaks at one of our first meetings with Bosnian trade unionists. Until Norway helped renovate this building badly damaged by artillery during the siege of Sarajevo, conditions for the unions and their people were pretty bad. The project that we started in 1996 was done under the banner of FIET, predecessor of UNI Global Union.

From the start, the HK engagement was a broad one. Board members and representatives from union locals got personally involved, and very broad activities developed in various parts of the country. The other Nordic countries joined in, Denmark, Finland, Iceland and Sweden.

Very remarkably, it was not only the unions but also the commerce sector employers who joined the efforts. The major project to rebuild the work of the leading commerce college in Sarajevo, destroyed completely during the war, would not have happened without the strong engagement of the CEO of Denmark’s commerce employers Sören B. Henriksen.

DomSindikata1

Todays Dom Sindikata hosts most of the country’s trade unions, among them the commerce union. The young people that run this union are doing an impressive job under still very difficult conditions, with high unemployment and continued insecurity about the future. The support from Norway has been and still is decisive for their continued existence and success.

Still, this solidarity action was very much about Sture and his friends in HK and Norway in general. Their engagement continues, which we saw so clearly and concretely also during the terrible floods in Bosnia and Herzegovina last spring. Our friends in Sarajevo – Mersiha, Fikret, Nerma and others – traveled under difficult conditions both in the federation and the serb republic, bringing urgently needed concrete help to working people and their families.

So Norwegian Peoples Aid? They were always there, involved. Much of what was done and is done would never have been possible without their assistance.

I was so impressed of their work on mine clearing, and on them very concretely helping to build up the necessities of life in so many communities that seemed forgotten by the outside world. Nobody was too small or too insignificant to help and support for our Norwegian friends.

The 75th Anniversary of this great organisation is a good opportunity to say thank you, and to send warm congratulations to them and our Norwegian trade union friends in HK, friends with a golden heart.

World Economic Forum report shakes up by listing income differences as the number one problem for 2015

Income inequality tops the ten biggest challenges that we face. This is not a statement by trade unions or labour advocacy organisations, but tops the major trends for 2015 identified in a fresh World Economic Forum Report.

It is a sobering experience to look at the report’s graphics on how much the share of the national incomes of the richest 1 % really has grown during the last 20 or so years.

Hardly surprising, the United States is a particularly extreme case of this inequality, but also Australia and Sweden – and some others – show results that they can hardly be proud of. It would be interesting to measure how much of this has been due to political changes in countries that have traditionally been considered as rather egalitarian welfare states.

Lack of awareness can not be the reason for failing to act on this:

“According to the 2014 Pew Global Attitudes Survey, in the seven Sub-Saharan African nations polled over 90% of respondents regard the gap between rich and poor as a big problem; in the United States, almost 80% do.”

Looking forward, the report cautions that particularly Asia and the Pacific may face a high risk of rising inequality, although this will be true also in the other parts of the world.

With its enormous convening power and influence WEF is surely making an impact by highlighting these problems. The host of the annual Davos Summit meetings points at where solutions can be found:

“We know what we need: inclusive economies in which men and women have access to decent employment, legal identification, financial services, infrastructure and social protection, as well as societies where all people can contribute and participate in global, national and local governance. It is now time for action, in order to leave no one behind and bring everyone forward with a life of dignity.”

The step to decisive action is still a long and difficult one.

Four policy areas stand out when the experts’ opinions are summarized: Redistribution, taxation, education and jobs creation.

This new reporting on income inequalities is definitely something to read and to contemplate on, as are the nine other trends that WEF lists for the next year.

The Global Social Responsibility Programme GSCP meeting at UN Headquarters in New York was a timely and concrete opportunity for business and stakeholders to discuss and plan their own contributions to dealing with this huge problem. The next months will see more concrete action being launched, hopfeully with a big relevance for many of those who are really low down on the world’s income ladders.

Social auditing in global supply chains is an essential tool for defending human rights and improving labour conditions

Demands to give up social auditing in global supply chains continue to emerge in different connections. Part of a political debate, they have not contained any realistic proposals about how to substitute these audits with other ways of gathering the information needed for improving conditions.

There have also been regular calls for opening up audit reports by making them public.

Publishing social audit results would give unions, labour advocacy organisations and others a better chance to intervene on behalf of workers when they see or feel that conditions need to be addressed.

To build up their involvement is a valid aspiration of these players and should not be brushed aside. A broad cooperation can indeed add to the impact of sustainability work where the key objectives are usually so widely shared.

More transparency could add to the relevance of social auditing as a tool that helps to protect human rights and ensure decent employment and working conditions. How to apply this so that the system continues to protect workers and others who provide confidential information to auditors is of key concern.

We can of course not forget that also the audited suppliers’ rights have to be protected, as have those of others involved. To make any changes in social auditing principles has to be approached with utmost care.

Moving from straight-forward ‘yes-or-no’ certification of labour conditions to a more nuanced and detailed audit reporting could well be one solution. Even more important is to link audit reporting directly to capacity building and remediation at supplier workplaces. After all, protecting human rights and securing decent labour conditions form the objective of all these activities.

Social Accountability International SAI has recently revised its SA8000 Social Standard and linked workplace certification directly to capacity building and remediation through its Social Fingerprint program. This is an excellent example of how creating direct and effective links between auditing, certification and remediation can be concretely and systematically approached.

There has also been much impatience among unions and others who say that they have failed to see even urgently needed changes to take place.

We have seen isolated failures of social auditing, but also some more systemic problems, sometimes unexpected until new kinds of situations have emerged. The auditing industry and the cooperating partners in the CSR community need to show that they are capable of handling these issues through more stringent rules and controls. In fact, much has been done, but not always well communicated to a broader public.

The 15 years or so of business driven and multi-stakeholder corporate social responsibility CSR activities have definitely brought improvements to supplier working conditions. Buying brands and retailers know that they must pay serious attention to the social aspects of their purchasing activities. This was not the case before Social Accountability International with its SA8000 Standard and others entered the scene.

The UN Guiding Principles would not have come about without the groundwork done also by the voluntary CSR schemes and initiatives. That Harvard Professor John Ruggie and his team were able to build a consensus around the responsibility of governments and business to protect human rights at work was a remarkable achievement. What was needed was that an important part of the business community already accepted their obligation and interest to approach their supply chains with due diligence.

CSR schemes and initiatives  are surely not the only forces behind these changes. Trade unions and labour advocacy organisations have done their part, as have many others. But changing business attitudes has been closely linked with the emergence of the CSR community, including social auditors.

The social auditing system itself has been far from flawless.

There will always be situations where social audits miss even significant problems or shortcomings at audited workplaces. There can be many reasons for this, one being that these audits cannot cover all factors that affect the work situation. Structural building safety, which in a tragic way proved to be a major and serious problem in the Bangladesh garment industry, is one of those where other approaches and tools were needed and also implemented.

Shortcomings and sometimes even unacceptable performances by individual auditors and companies can of course harm the whole industry. There could be unrealistic expectations towards social auditing, often related to new and unexpected situations. Audits cannot uncover all the deficiencies at a workplace, something which should be more effectively communicated.

It is always hard to find the correct balance between audit quality and costs, an issue which will surely never disappear. How can social auditors spend enough time both on audits and reporting and still keep the paying customers on board? Here, striving for the perfect can threaten the good, and compromising quality can undermine the reliability of the whole system.

There have been individual examples of poor or insufficient internal controls. While not common, they have caused both accreditation bodies and the auditing entities themselves to tighten up their rules. The auditing industry and the CSR community as a whole are well aware of the risks and have done much to control them.

The Global Social Compliance Programme GSCP auditing guidelines which auditing companies can benchmark against through an equivalence process are useful tools for improving social audit performance. They reflect a broad consensus between business and stakeholders about how the auditing system can be kept reliable.

In many parts of the world it will take very long before we see organised workers and their trade unions engage in social dialogue and collective agreement relationships with their employers, in an atmosphere or good faith and mutual respect.

Auditing remains an important part of efforts to secure human rights at work and  improve labour conditions in global supply chains. How could brands and retailers, their suppliers, and concerned stakeholders get the information that they need for remediation and capacity building if this tool did not exist?

Instead of saying no to social audits we should continue to develop and improve these activities.

Workers, trade unions, community organisations and others need to be more involved in monitoring conditions. Buying brands and retailers need to be an active part of this work and cannot outsource their due diligence obligations to others.

Most importantly, the audits have to be effectively and properly linked to and followed up by remediation and corrective action where a need for this has been identified.

Campaigner field days don’t help the launch of building and fire safety activities in Bangladesh which will require broad cooperation between all those involved

When the Business Social Compliance Initiative BSCI marked its 10th Anniversary last week in Brussels, the Clean Clothes Campaign ‘congratulated’ them with a veritable broadside attack in media.

Last weekend, just days before we expect to be informed about how concrete action will start to improve building and fire safety in the Bangladeshi garment industry, the International Labor Rights Forum ILRF in the US seems embarked on anti-capitalist campaigning and demonstrations against leading US retailers, for having chosen other approaches.

As such there is nothing wrong with this. Campaigning is acceptable and sometimes even important. Still, there are some question marks.

Very many of the European retailers and brands that signed up to the Bangladesh Building and Fire Safety Accord, if not most of them, are BSCI members and are actively engaged in this organisation. Many of them were in Brussels, and the CCC message was clearly badly received even if not publicly raised or commented. If the intention  is to prepare the ground for a concrete and efficient cooperation in Bangladesh, the CCC attack was both misguided and poorly timed.

These campaigners in the Netherlands should reflect on  how they can best contribute to a good start of project activities and try to control the temptation to continuously go after brands and retailers, giving the impression that one of the reasons is that they are brands and retailers, and represent big capital. This is not a good time for that kind of campaigning.

The ILRF campaigning against Wal-Mart and GAP – and now other retailers as well – has other motives and grounds of course, but is equally questionable as it is pulling the focus off practical project work in Bangladesh. If the aim is to build some kind of even minimal mutual confidence to enable cooperation and coordination on the ground in Bangladesh, then anti-imperialist field days like this just before the project launch will not help.

Yes I do of course strongly support the Accord that was finally introduced by IndustriALL. After all, I have been engaged myself in bringing the coalition and activities about.

This is not the same ‘Accord’ as some of these campaigner organisations were unsuccessfully pushing for since a few years back. It is a new creation, developed in cooperation with leading global retailers and brands, at the initiative of companies and stakeholders in Global Social Compliance Programme GSCP. When IndustriALL joined this process, facilitated by the German development authorities, a coalition started to form. Of course the 2011 campaigner driven project plan was one of the elements used when the Accord was created, but not more.

It is regrettable that a broad US brand and retailer participation fell on the clause on the Accord that deals with the possibility of litigation in courts. As I am not a US lawyer I cannot take a stand on whether the companies’ fears of campaigning through the courts are justified or not. Here the enterprises and the campaigners disagree. A reality is that most large US retailers and brands have stayed outside the Accord and launched their own initiative.

The next months and years will prove if this US approach is serious or not. The pressure on the companies involved to show that they can produce real results will be high, as it will also on the Accord.

It is a good sign that IndustriALL Global Union has continued to keep its sight set on what needs to be done to secure the success of the Accord. Without this organisation, a broad coalition like the one we see today would never have been possible.

Perhaps it is time for the unions to calm down their most eager NGO supporters, and help IndustriALL and the committed companies to get a good start for their activities. Nobody can afford internal strife in a situation where the challenges are as big as here, not the least in convincing the local players of the seriousness of the initiative.